P L D 1979 Lahore 706 (PLP)
Before Zakiuddin Pal, J Versus DISTRICT MAGISTATE, LAHORE AND ANOTHER-Respondents
| Citation | P L D 1979 Lahore 706 (PLP) |
| Forum / Court | -- S. 3-Preventive detention-Detenu allegedly having talked to certain ladies expressing desire to sacrifice her life and stating some others also going to do same in case of award of sentence of death to their leader.-No particulars of ladies in question given, no time of taking place of such incident mentioned, nor any indication given whether such women came from outside or otherwise belonged to same mohallah-Contents of report, held, vague and cannot form basis of detention of detenu.Preventive detention. |
| Bench Members | Zakiuddin Pal, J |
| Parties | Before Zakiuddin Pal, J Versus DISTRICT MAGISTATE, LAHORE AND ANOTHER-Respondents |
Q1: What are the key laws and sections cited in P L D 1979 Lahore 706 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1979 Lahore 706 (PLP)?
The case was heard and decided by the -- S. 3-Preventive detention-Detenu allegedly having talked to certain ladies expressing desire to sacrifice her life and stating some others also going to do same in case of award of sentence of death to their leader.-No particulars of ladies in question given, no time of taking place of such incident mentioned, nor any indication given whether such women came from outside or otherwise belonged to same mohallah-Contents of report, held, vague and cannot form basis of detention of detenu.Preventive detention. bench comprising: Zakiuddin Pal, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1979 Lahore 706 (PLP) (Before Zakiuddin Pal, J Versus DISTRICT MAGISTATE, LAHORE AND ANOTHER-Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Muhammad Rafiq for Petitioner.
- Rashid Aziz A., A.-G. for Respondents.
- Date of hearing: 3rd March, 1979.
Headnotes / Summary
West Pakistan Maimtesance of Public Order Ordinance (XXXI of 1960) -- S. 3-Preventive detention-Detenu allegedly having talked to certain ladies expressing desire to sacrifice her life and stating some others also going to do same in case of award of sentence of death to their leader.-No particulars of ladies in question given, no time of taking place of such incident mentioned, nor any indication given whether such women came from outside or otherwise belonged to same mohallah-Contents of report, held, vague and cannot form basis of detention of detenu.[Preventive detention].
Judgment & Decree
This petition challenges the validity of the order dated 10-2-1979, passed by the District Magistrate, Lahore, detaining the petitioner Mst. Zarina Begum at her residence for a period of two months on the ground that she was indulging in anti-State activities and was instigating others for the same: she was active member of P. P. P. and it was apprehended that her activities might disturb the public peace and tranquillity.
2. The relevant material in support of the grounds of detention has been produced in the Court. The first report is dated 4-2-79, submitted by one Muhammad Aslam to the effect that the detenu was found talking to ladies whose particulars are not, at a'1, mentioned in the report, in the terms that if death sentence was awarded to Mr. Bhutto then she and other would sacrifice their lives. No time is mentioned in the report as to when the incident took place. Further the particulars of the women whom she talked have also not been given. It has also not been mentioned whether they had come from outside the locality or otherwise belonged to them same. Mohaliah. The second report was made on 5-1-1979 to the effect that the petitioner celebrated the birth day of Mr. Bhutto on the aforesaid date by inviting 20/25 ladies. It is mentioned in the report that none of the ladies could be recognized nor it transpired as to what happened in the meeting as the meeting took place inside the house and nobody else, except the participants thereof were allowed to attend the same. The last report was made on 4-8-1978. On that date, Malik Mansoor Ali, Advocate husband of the petitioner, celebrated 'Aqiqa' ceremony of his son at about 1030 a m. The ceremony lasted till 3-30 p. m. and was attended by 70/80 persons, including some prominent P. P. P. workers and leaders. It was reported that nature of the talk could not be ascertained as the meeting took place inside the house and no person, except the invitees, were allowed to attend the same.
3. It means that the only report which can be termed to be somewha objectionable is only the one lodged on 4-2-1979. Its very contents show it to be vague. It cannot be made basis for the detention of the detenu. 8 Consequently the writ petition is accepted, without any order as to costs, and the impugned order imposing restrictions upon the detenu to reside and remain within the four walls of her house is hereby set aside.